What is the filing standard of social security fraud?
Social security fund fraud can be characterized as fraud. According to the relevant judicial interpretation, if the amount of fraud reaches more than 2,000, it can be filed for prosecution.
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases.
1. According to the provisions of Articles 151 and 152 of the Criminal Law, defrauding a large amount of public or private property constitutes a crime of fraud.
Individuals who defraud public or private property of more than 2,000 yuan belong to a "large amount"; Individuals who defraud public or private property of more than 30,000 yuan belong to a "huge amount".
Individuals who defraud public or private property of more than 200,000 yuan belong to a huge amount of fraud. The huge amount of fraud is an important part of fraud, but it is not the only plot. The amount of fraud is more than 654.38+10,000 yuan, and under any of the following circumstances, it should also be considered as "the circumstances are particularly serious":
(1) ringleaders of fraud groups or principals of major fraud crimes;
(2) The recidivist or fugitive commits serious crimes;
(3) defrauding a legal person, other organization or individual of the means of production urgently needed, which seriously affects production or causes other serious losses;
(4) defrauding disaster relief, emergency rescue, flood control, special care, relief and medical funds and materials, thus causing serious consequences;
(5) Spending fraudulent property, which makes it impossible to return the fraudulent property;
(six) the use of fraudulent property for illegal and criminal activities;
(7) Having received criminal punishment for fraud;
(8) Causing the victim's death, mental disorder or other serious consequences;
(9) Other serious circumstances.
The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, and the amount is more than 50,000 to 654.38+10,000 yuan, and the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 151 of the Criminal Law; If the amount is more than 200,000 yuan but less than 300,000 yuan, the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 152 of the Criminal Law.
Social security fraud
Social security fraud is nothing new, but there are still many people who are negligent in prevention and have been deceived repeatedly. To this end, the police sorted out all kinds of social security fraud cases and summarized four most commonly used social security fraud methods to remind the masses to pay attention to screening and strengthen prevention.
One is to send short messages in the name of receiving social security subsidies, to induce insured persons or retirees to call "social security institutions" for consultation, and then to trick ID numbers and bank accounts into committing fraud.
Second, in the name of freezing the arrears of social security cards (or medical insurance cards), it is required to provide personal information and other related contents to induce insured persons to use ATM machines to transfer money and remit money to commit fraud.
The third is to pretend to be the staff of social security institutions, in the name of "preferential" policies, to defraud insurance by telephone and transfer money to banks for fraud.
Fourth, in the name of social security institutions, issued forged false documents to insured units and individuals. In the name of changing the social security fund account, the insured units and individuals are required to pay social security fees in advance, and the funds are directly transferred to a bank account for fraud.
The above knowledge is my answer to the question of "the filing standard of social security fraud crime". Social security fund fraud can be characterized as fraud. According to the relevant judicial interpretation, if the amount of fraud reaches more than 2,000, it can be filed for prosecution.